Make proceedings of Najib’s case public: Bersih, CIJ
‘Barring media coverage of ex-PM’s bid to serve remainder of jail sentence under house arrest undermines people’s trust in justice system, democracy’
KUALA LUMPUR: The court proceedings involving former prime minister Datuk Seri Najib Abdul Razak’s bid to have the remainder of his jail sentence served under house arrest must be made public, said the Centre for Independent Journalism (CIJ) and Bersih in separate statements.
Both NGOs added that barring the media from covering the case would undermine the people’s trust in the country’s justice system and democracy.
They were responding to the Kuala Lumpur High Court decision on Wednesday to allow Najib’s application for proceedings of his judicial review bid to be held in chambers instead of in regular court proceedings.
Judge Amarjeet Singh allowed Najib’s application to switch the open-court proceedings to one conducted in chambers.
Najib’s counsel Tan Sri Muhammad Shafee Abdullah told the court the request was necessary as the application involved “sensitive” court filings.
CIJ said while it respects the powers of the judiciary and the Malaysian judicial process, it cannot be seen to undermine democratic principles.
“Najib’s bid to seek house arrest for the remainder of his jail term is a matter of public interest and the basic tenets of democracy require the judicial process to be transparent and not shrouded in secrecy.
“This further sets a precedent in which the media cannot cover issues that involve political expediency, creating a system of opacity which leads to a trust deficit.
“His recent partial pardon has already set a precedent in which the grounds and justification for the decision have yet to be disclosed and made transparent to the public.
“As such, we reiterate that the judicial system must be underscored by public interest and democratic principles and there should be no semblance of double standards present,” CIJ said.
Meanwhile, Bersih said proceedings of such a high-profile case should be done openly.
“Since the case involves a highprofile individual, is of public interest and involves public funds, it needs to be done openly and transparently so that it is available to the public.
“Otherwise, it would create a perception of double standards, which can erode public confidence in the government and the country’s judicial system.”
On April 1, Najib, 70, filed the leave application for judicial review at the High Court through the legal firm Messrs Shafee & Co.
He named the home minister, commissioner-general of Prisons, attorney-general, the Pardons Board for the Federal Territory of Kuala Lumpur, Labuan and Putrajaya, minister in the Prime Minister’s Department (law and institutional reform), directorgeneral of legal affairs at the Prime Minister’s Department and the government as the first to seventh respondents.
The former Pekan MP is seeking a mandamus order to compel all or one of the respondents to respond and confirm the existence of an additional decree dated Jan 29.
Najib is also seeking a mandamus order that if the additional decree exists, all or one of the respondents must enforce it immediately by transferring him from Kajang Prison to his residence in Kuala Lumpur for him to serve the remainder of his prison sentence under house arrest.
He has been serving his sentence in Kajang Prison since Aug 23, 2022, after being convicted of embezzling RM42 million in funds belonging to SRC International Sdn Bhd.
On Sept 2, 2022, he filed a petition for a royal pardon. On Feb 2 this year, the Pardons Board cut his prison term from 12 years to six, with the fine reduced from RM210 million to RM50 million.